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El Gato

May 18, 2012, 7:08 AM

Post #1 of 12 (4200 views)

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No Smoking at Resorts Law

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Just recently the Health Department landed on our complex's doorstep to enforce the 'No Smoking" law. We are a condo complex but because we allow rentals they say we come under the Mexican 'No smoking' law. Had to post signs and people are only allowed to smoke on their own terraces (R&Rs have no smoking in condos for safety reasons as we have high rise buildings - also could be Mexican law).

Now our homeowners/renters giving security a hard time when asked to stop smoking - even one BOD member avidly against following the law as doesn't appear to think it applies to US citizen!

Has any one else come up against this law? If so, how is it handled in your complex? We were told if we didn't follow it that HOA could receive major fines.
"The World After WW1 - 1918 - 1921" at amazon.com, Barnes & Nobel - letters written at the end of WWI

YucaLandia

May 18, 2012, 7:19 AM

Post #2 of 12 (4193 views)

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Re: [El Gato] No Smoking at Resorts Law

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Expats here also frequently ignore the government's No Smoking regulations.

If you have the moxie to point it out, be prepared for either harsh glares and scowls, or to be scolded with protests of their "rights being violated". Ironically, these are not tourists (ignorant of the laws), nor are they just in tourist areas/resorts. Instead, they live here full time, scoff at the posted signs, and continue smoking in resorts and in non-tourist restaurants and bars.
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(This post was edited by YucaLandia on May 18, 2012, 7:21 AM)

El Gato

May 18, 2012, 7:25 AM

Post #3 of 12 (4190 views)

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Re: [YucaLandia] No Smoking at Resorts Law

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Our Board, except the one member who doesn't think he should have to abide by it, is trying to figure out a way to handle those who smoke. Most, if reminded by the security guard, will put their cig. out - question is how to handle those that refuse? I presume renters can simply be escorted off property (which will annoy the owner a lot). Could be fined but again difficult to do if a renter and they have no 'credit card' on file. Homeowner's could be fined and fees added to their HOA dues.

Or simply ignore them and hope the Health Dept isn't watching. So far none of the other complexes have been told to abide by the law or get a major fine. Not sure why we were singled out. Not that many actually smoke here so has never been a major problem - until now.
"The World After WW1 - 1918 - 1921" at amazon.com, Barnes & Nobel - letters written at the end of WWI

Sculptari

May 18, 2012, 8:10 AM

Post #4 of 12 (4172 views)

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Re: [El Gato] No Smoking at Resorts Law

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A squeeky wheel gets the grease. A persistent and annoying warning about smoking will get results. Fines and public humiliation will only make for angry people.

El Gato

May 18, 2012, 8:24 AM

Post #5 of 12 (4165 views)

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Re: [Sculptari] No Smoking at Resorts Law

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One thought I had was to have security politely ask them not to smoke and if they wouldn't stop, just add that they would be responsible for any fines incurred from the Heath Dept. - keep a list of names and dates (that way if the HD comes down on us we can demonstrate that we were doing all we could to follow the law.

One guy seriously suggested that we call the police and have them arrested!
"The World After WW1 - 1918 - 1921" at amazon.com, Barnes & Nobel - letters written at the end of WWI

GringoCArlos

May 18, 2012, 5:19 PM

Post #6 of 12 (4087 views)

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Re: [El Gato] No Smoking at Resorts Law

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Why doesn't your complex ban short term rentals and get out from under the law? (seems about as ridiculous as the idiot that wants people arrested !)

(This post was edited by GringoCArlos on May 18, 2012, 5:20 PM)

El Gato

May 18, 2012, 6:36 PM

Post #7 of 12 (4070 views)

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Re: [GringoCArlos] No Smoking at Resorts Law

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Unfortunately too many people, because of the economic times, need the income coming in from short term rentals - and being only an hour from the AZ border brings in major tourism dollars. At this time long term rentals don't do as well. For Memorial Day all units are booked - probably the whole town.

Otherwise it was an excellent suggestion. Thank you.
"The World After WW1 - 1918 - 1921" at amazon.com, Barnes & Nobel - letters written at the end of WWI

mazbook1

May 18, 2012, 6:53 PM

Post #8 of 12 (4063 views)

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Re: [El Gato] No Smoking at Resorts Law

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It seems to me that there is probably a much more serious law being broken, than just the no-smoking one. How many of those owners the "need the income coming in from short term rentals" are legally registered at INM and Hacienda to rent their units? And how many are paying the actual taxes (18% I think) due the Mexican government for those needed rentals?

El Gato

May 19, 2012, 6:45 AM

Post #9 of 12 (4023 views)

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Re: [mazbook1] No Smoking at Resorts Law

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Actually, in the case of paying the taxes and doing the tax returns I know that the rental agencies here do follow through on that. On the rentals done by the owners themselves I couldn't say, but I do know a few of them and they have commented at various times about getting their returns in, paying the taxes, etc. So I'm pretty sure that most of ours do comply with the law. 100% - you don't get that anywhere.
"The World After WW1 - 1918 - 1921" at amazon.com, Barnes & Nobel - letters written at the end of WWI

Gri-lango

May 21, 2012, 1:59 PM

Post #10 of 12 (3891 views)

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Re: [El Gato] No Smoking at Resorts Law

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Where in Mexico is this happening? I know and appreciate the Federal ban in enclosed public areas...but your descriptions are far more encompassing than the Federal law.

HOA's, Health Dept issuing fines for smoking on private property, intrusive security guards, rental properties being propely registered and paying ISR to Hacienda...doesn't sound like the Mexico I know!

El Gato

May 21, 2012, 2:07 PM

Post #11 of 12 (3885 views)

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Re: [Gri-lango] No Smoking at Resorts Law

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We are in Sonora. Apparently the law has been in effect for some time but never enforced here. Just like the border never enforced not being able to bring certain things down, such as beef. Now they are enforcing that. Of course the US has enforced that all along - couldn't bring meat back into the States even if it was obviously it came from the States.

Haven't heard that the other resort condo complexes here have been told to comply or not - maybe a little money under the table. Won't happen here, we will just comply with the law. At least the smokers can smoke on their terraces.

For quite a few years now no smoking permitted in restaurants or bars here - that has been strictly enforced.
"The World After WW1 - 1918 - 1921" at amazon.com, Barnes & Nobel - letters written at the end of WWI

expatsinmexico

Jun 3, 2012, 6:58 AM

Post #12 of 12 (3474 views)

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Re: [Gri-lango] No Smoking at Resorts Law

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This has been the law for several years in Mexico and you will find it rigidly enforced at resorts. We live in a small complex (16 units) that rents short and long term and there is a no smoking rule for anywhere on the property (outside or inside). You have to go outside the gates to smoke. It is a great law and the US should follow this example. Anyone living in a complex in Mexico that that is ignoring the law should be able to make a complaint to the federal or state authorities and I would presume that the complex would be subject to the same fines that are detailed in the notices that are posted in resorts. Does anyone have a translated copy of the law and fines?